Title 50, Chapter 15, Section 2
( 50-15-2)
At any time prior to the final determination of a public lawsuit in
the trial court or on appeal, any political subdivision which is a
party to the action may petition for an order of the court that the
opposing party or parties or intervenors be dismissed unless such
opposing party or parties or intervenors post a bond with surety to
be approved by the court payable to the moving party for the payment
of all damages and costs which may accrue by reason of such
opposition or intervention in the event the moving party prevails.
The moving party shall obtain from a judge of the court an order
requiring the opposing party or parties or intervenors to appear at
such time and place within 20 days from the filing of the petition
as the judge may direct and to show cause, if any exists, why the
prayers of the petition should not be granted. The petition and
order shall be served in the manner provided by law for the service
of orders and pleadings subsequent to the original complaint. If,
at the hearing of the petition on the order to show cause, the court
determines that it is in the public interest to do so, the court
shall set the amount of bond to be filed by the opposing party or
parties or intervenors in an amount found by the court to cover all
damage and costs which may accrue to the political subdivision by
reason of the opposition or intervention in the event the political
subdivision prevails. In the event the bond is not filed by the
opposing party or parties or intervenors with surety approved by the
court within ten days after the order is entered, the opposing party
or parties or intervenors shall be dismissed by operation of law.
Either the opposing party or parties or intervenors or the political
subdivision may appeal the order under the procedure provided by law
in cases of injunction. The appellate court may stay the lower
court order pending its own decision, may set a bond to be filed by
the opposing party or parties or intervenors in connection
therewith, may modify the order of the lower court, or may enter its
order as a final order in the case. In the event no bond is filed as
provided in this Code section, the opposing party or parties or
intervenors shall be dismissed by operation of law; and, upon final
determination of the case, no court shall have further jurisdiction
of any action involving any issue which was or could have been
raised therein. |